Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Espagne (Ratification: 1967)

1. Legislative measures. The Committee takes note of the legislation enacted on foreign nationals, particularly Order PRE/140/2005 of 2 February setting forth the procedure for the regularization process established in the Third Transitional Provision of Royal Decree No. 2393/2004 of 30 December, approving the Regulations to Basic Law No. 4/2000 of 11 January, on the rights and freedoms of foreign nationals in Spain and their social integration. The Committee requests the Government to keep it informed of the effect given to this law in practice in relation to the provisions of the Convention.

2. The Committee also notes that Basic Act No. 14/2004 of 20 December led to further amendment of Basic Act No. 4/2000 on the rights and freedoms of foreign nationals and that, according to the report, the aims of the amendment include: (1) improving the management and position in law of foreign nationals and the determination of types of visa; (2) strengthening the instruments and machinery for penalties in order to combat unlawful immigration and human trafficking, and promoting cooperation with transport companies; and (3) incorporating European Union requirements regarding visa charges, penalties applying to transporters, and mutual recognition of expulsion orders. The Committee requests the Government to provide information on the application of these measures in practice. It once again asks the Government to indicate whether, and in what circumstances, penalties have been applied to transport companies.

3. Bodies set up to develop government policy on foreign nationals and immigration. The Committee notes that, as a result of the enactment of Royal Decree No. 553/2004 of 17 April, the Secretary of State for Immigration and Emigration has taken over the duties of the former Government Delegation for Foreign Nationals and Immigration. The Secretariat has support from the Higher Council on Immigration Policy, the Permanent Observatory for Immigration, the Inter-ministerial Committee on Alien Affairs and the Forum for the Social Integration of Immigrants. The Committee requests the Government to provide information on the activities carried out by the abovementioned bodies and on any other measure taken to combat racism and xenophobia effectively.

4. With regard to the bilateral agreements regarding the arrival of migrants from their countries of origin, the Committee once again asks the Government to send copies of such agreements together with information of their entry into force. It would also appreciate receiving information on the working of the agreements, particularly in connection with the quota system for foreign workers established by the Government under section 39 of the Aliens Act.

5. The Committee requests the Government to indicate whether the ordinary or any other courts have ruled on matters of principle relating to the application of the Convention.

6. Discrimination on grounds of race, national extraction and colour. In its observation of 2004, the Committee took note of a communication dated November 2003 from the Democratic Federation of Labour (FDT) of Morocco, alleging racism in a number of incidents in El Ejido (province of Almería). It also took note of the Government’s reply that migrant workers from Morocco had been assaulted in the El Ejido region but that the incidents were not part of any organized wave of xenophobia and involved only individuals. The Committee decided to pursue its examination of the matter in the more general context of measures to be taken by the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), to eliminate discrimination in employment on grounds of race, colour, religion and national extraction. It will continue to examine, under the present Convention, the situation of migrant workers in the region as it relates to this Convention.

7. The Committee notes that, according to the Government’s report, there has been a radical change in the situation of foreign workers in El Ejido since the regularization process of 2005, and a total of 5,408 people have obtained work permits due to that process. The Government points out that, since the Aliens Regulations were passed, it is the employers who file applications for regularization, and work and resident permits are not valid until social security clearance is obtained. The Committee would be grateful if the Government would provide information on the number of foreign workers residing in Murcia, Alicante and Almería, indicating how many of them have work and residence permits, and if it would give an estimate of the number of foreigners working without permits, and continue to provide information on the progress of the regularization process.